In a marriage, couples generally share assets and support each other, emotionally and financially. In the event of a divorce, this disruption in support may cause an unfair shift in how each party in the relationship are able to live. Spousal maintenance, Colorado’s version of alimony, is meant to help bridge these financial gaps. Spousal maintenance may be short-term during the divorce proceedings — pendente lite, or it may last for years.
Equal Partners Under Colorado Law
It is important to understand two factors of Colorado divorce that heavily influence spousal maintenance. First, Colorado is a “no-fault divorce” state. What this means is that there does not have to be blame awarded or a justified reason for the dissolution of marriage. One, or both parties, can simply request a divorce. Second, Colorado is an “equitable distribution” state. This means that regardless of how long a couple is married, assets that were obtained during the relationship should be divided fairly. While this does not necessarily mean evenly or equally, it does mean that division should not favor one party over the other.
Awarding and calculating spousal maintenance awards will include many different factors that include, but are not limited to:
- Financial resources available to each spouse
- The lifestyle of the marriage and ability to retain that in divorce
- Distribution of the marital property in the divorce proceeding
- Both parties’ income, employment, and ability to seek employment
- Custody of children
- Duration of the marriage
- Age and health of both spouses
- Contributions each party has made to the marriage
Understand Your Rights in Divorce
If you are going through the divorce process, you should have an experienced divorce attorney on your side. If you think you are due spousal support or your spouse is demanding alimony that you are not sure you owe, contact the Law Office of Kelli J. Malcolm. We can help you understand the Colorado divorce process and what the courts will use to calculate spousal maintenance in your divorce. Schedule your consultation today.